Amir Choudhury v. The State of Assam

ORDER

20.04.2024

Heard Mr. A. K. Azad, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Amir Choudhury, in connection with Basistha P.S. Case No. 107/2024, registered under Section 379/34 IPC, R/W Section Page No.# 2/3 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, R/W Section 13(1)/16 of the Assam Cattle Preservation Act, 2021. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the cattle who had purchased the cattle from Balikuchi Weekly Animal Market, which was recovered in connection with the case. In support of his submission, the petitioner has also submitted the relevant documents and receipt of purchasing of the said cattle and prayed that pre-arrest bail may be granted to the petitioners. On the other hand, Mr. R. J. Baruah, learned Additional Public Prosecutor has produced the case diary and submits that the petitioner has submitted the document regarding purchasing of the cattle. In view of the above, benefit of pre-arrest bail may be extended to the petitioner. I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. Considering the facts as well as the materials available thereon, this Courts finds that custodial interrogation of the petitioner is not required for the purpose of investigation of the case. Therefore, he may be granted the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioner:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation; Page No.# 3/3

(b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010057582024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/738/2024 AMIR CHOUDHURY S/O LATE NASIR CHOUDHURY R/O GOG, P.O. BAIHATA CHARIALI, P.S. BAIHATA CHARIALI DIST. KAMRUP, ASSAM PIN-781121 MOB. 98640 27090 VERSUS THE STATE OF ASSAM REP BY THE LEARNED P.P, ASSAM Advocate for the Petitioner : MR. A K AZAD Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI